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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
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There are some principles and rules to protect the global environment in international law, such as "the responsibility not to cause transboundary environmental damage", "the principle of preventive action". In addition to that, the precautionary principle or precautionary approach has now received widespread support by the international community in relation to a broad range of subject areas. These principles and rules are recently regarded as international obligations of states, because these are essential elements to protect and preserve the global environment. International Law Commission provided that a breach of the obligations constitutes international wrongful acts in the 「Draft Articles on Responsibility of State for Internationally Wrongful Act」, and every international wrongful act of a state entails the international responsibility of that state.
In the sphere of traditional international law, a causal relationship between the act of state and environmental damage has been required to make state responsibility. And the causal relationship should be proved scientifically. However, it is asserted that causal relationship is not necessary with regard to the precautionary principle. This principle requires taking action before environmental damage, either preventive or anticipatory, even though a scientific certainty regarding the cause and effect is not established. The principle has evolved to meet the evidentiary difficulty caused by the fact that the informations required to prove a causal relationship may be in the hands of the party causing or threatening the damage. This principle increasingly get the widespread support to be a part of the international environmental law. It would be the most effective norm to protect and preserve the global environment.
Every international wrongful act including failure to protect environmental damage entails state responsibility as provided in the Draft Articles. Accordingly, we should make every effort not to bring environmental damage through observing the principles and rules such as environmental impact assessment, duty to prevention and precautionary approach.
In the sphere of traditional international law, a causal relationship between the act of state and environmental damage has been required to make state responsibility. And the causal relationship should be proved scientifically. However, it is asserted that causal relationship is not necessary with regard to the precautionary principle. This principle requires taking action before environmental damage, either preventive or anticipatory, even though a scientific certainty regarding the cause and effect is not established. The principle has evolved to meet the evidentiary difficulty caused by the fact that the informations required to prove a causal relationship may be in the hands of the party causing or threatening the damage. This principle increasingly get the widespread support to be a part of the international environmental law. It would be the most effective norm to protect and preserve the global environment.
Every international wrongful act including failure to protect environmental damage entails state responsibility as provided in the Draft Articles. Accordingly, we should make every effort not to bring environmental damage through observing the principles and rules such as environmental impact assessment, duty to prevention and precautionary approach.
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